VITAFRANK REST. v. ALCY HOLDING CORP.


36 Misc.2d 912 (1962)

Vitafrank Restaurant Corp. et al., Plaintiffs, v. Alcy Holding Corp., Defendant.

Supreme Court, Special Term, New York County.

September 19, 1962


Attorney(s) appearing for the Case

George Popkin for plaintiffs. William Gittleman and Simon Dulman for defendant.


SAUL S. STREIT, J.

Plaintiffs tenants move and the defendant landlord cross-moves for summary judgment. The action was brought for a judgment declaring that a purported cancellation of lease is ineffective in that it does not comply with the following provision of the lease: "Anything in this lease to the contrary notwithstanding, it is expressly covenanted and agreed by the parties hereto, and it is a condition of the making of this lease by the Landlord...

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